HUD Tenant Didn't Disclose Disqualifying Income

December 15, 2013

LVT Number: #25203

Landlord sued to evict HUD tenant for material noncompliance with his lease. The trial court ruled for landlord. Tenant appealed and lost. In both his initial 2002 application and in subsequent annual income certifications, tenant had failed to disclose tens of thousands of dollars in funds in joint accounts tenant held with his mother in a New Jersey bank. Under federal regulations, tenant is deemed to own one-half of the money deposited in these accounts. If tenant had disclosed these assets, he would have been found ineligible for housing in landlord's building.

Landlord sued to evict HUD tenant for material noncompliance with his lease. The trial court ruled for landlord. Tenant appealed and lost. In both his initial 2002 application and in subsequent annual income certifications, tenant had failed to disclose tens of thousands of dollars in funds in joint accounts tenant held with his mother in a New Jersey bank. Under federal regulations, tenant is deemed to own one-half of the money deposited in these accounts. If tenant had disclosed these assets, he would have been found ineligible for housing in landlord's building.

501 West 41st Street Associates, LLC. v. Annunziata: 41 Misc.3d 138(A), 2013 NY Slip Op 51922(U) (App. T. 1 Dept.; 11/20/13; Shulman, JP, Schoenfeld, Hunter Jr., JJ)

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